Queensland College of Teachers v Hunt

[2012] QCAT 549

CITATION: Queensland College of Teachers v Hunt [2012] QCAT 549

PARTIES:	Queensland College of Teachers (Applicant)
v
David John Hunt (Respondent)

APPLICATION NUMBER: OCR304-12

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Michelle Howard, Member

DELIVERED ON: 7 November 2012

DELIVERED AT: Brisbane

ORDERS MADE: [1]     The suspension of the registration of David John Hunt as a teacher is continued.

CATCHWORDS:

OCCUPATIONAL REGULATION – SUSPENSION OF TEACHER – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005, ss 48, 50, 53, 54

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. On 19 September 2012, Mr Hunt’s teacher registration was suspended by the Queensland College of Teachers pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 (the Act) on the basis that he had been charged with a serious offence, in particular, murder under section 302 of the Criminal Code 1899.

2. As required by section 50(5) of the Act, the College has referred the continuation of the suspension to QCAT to review. QCAT must decide whether to continue the suspension or whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended.[1]

   [1]        Education (Queensland College of Teachers) Act 2005, ss 53(1) and (3).

3. I made directions inviting submissions from Mr Hunt as to why this is an exceptional case for ending the suspension of his teacher registration.  Mr Hunt has not provided any submissions to the Tribunal.[2]

   [2]        As required by Education (Queensland College of Teachers) Act 2005, s 54.

4. There is no information or evidence before the Tribunal that this is an exceptional case for ending the suspension of Mr Hunt’s teacher registration.  I am not satisfied that it is an exceptional case in which the best interests of children would not be harmed if the suspension were to be ended.

5. Accordingly, I order that the suspension continue.